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HomeMy WebLinkAboutResolution - 2011-R0002 - Agreement - Meyers & Associates - Federal Legislative Counseling - 01/13/2011Resolution No. 2011-R0002 January 13, 2011 Item No. 5.4 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for federal legislative counseling services and any related documents with Meyers & Associates of Washington, D.C. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 13, 2011 TOM MARTIN, MAYOR Rebecca� APPROVED AS TO CONTENT: Lee Dumbauld, City Manager APPR V A TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocslRES.Agreement-Meyers & Associates January 3, 2011 Resolution No. 2011-R0002 AGREEMENT BETWEEN THE CITY OF LUBBOCK, TX AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICE This agreement is by and between the City of Lubbock (the "City") and Meyers & Associates, a Washington based governmental relations consulting firm (hereinafter "Meyers"), and is effective the 15" day of January, 2011. WITNESSETH WHEREAS, many key goals of the City of Lubbock, especially economic development goals, omnibus legislative policy, federal legislative policy, water infrastructure, (EPA, STAG earmarks, Bureau of Reclamation Title XVI Water Reclamation Project Authorization) transportation, Homeland Security, Electric competition, law enforcement, agriculture, medical/health care, and Preston Smith International Airport are directly and critical affected by decision of the Unite States Congress, President and Agencies, and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby retains Meyers to act on its behalf to assist in furthering the City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $8,000 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out-of- pocket expenses not to exceed $1,000 monthly without City approval. C. Such payments will commence on January 151 and will continue for twenty-four (24) consecutive months subject to provisions for cancellation as set out below. d. The services and relationship between the City and Meyers may be terminated at any time upon notice by the City Manager at least ninety (90) days in advance. 2. Meyers' Duties. Meyers agrees that they will: Meyers & Associates Agreement Page 1 of 3 a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. All services will be performed according to high professional standards. C. Should a potential conflict develop between services performed for the City and Meyers' other clients, such potential conflict will be reported to the City Manager at once for resolution by the City Secretary. d. Meyers will comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. 3. Term. This Agreement shall commence January 1, 2011 and continue until December 31, 2012, subject to the provisions for cancellation set out in Section 1.(d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by the law of the State of Texas. Meyers & Associates Agreement Page 2 of 3 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and made effective January 1, 2011. CITY OF LUBBOCK, TEXAS January 13, 2011 Date ATTEST: APPROVED AS TO CONTEN t: Lf Meyers & Associates Agreement —177n -n* TOM MARTIN, Mayor MEYERS & ASSOCIATES Larry D. Meyers, President Date Richard (Rick) L. Meyers, Partner Date Page 3 of 3